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2018 Georgia Code 34-9-101 | Car Wreck Lawyer

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 9. Workers' Compensation, 34-9-1 through 34-9-432.

ARTICLE 3 PROCEDURE

34-9-101. Appointment of physician to examine injured employee; payment of fee and expenses of examining physician.

The members of the board or any one of them or an administrative law judge may, upon the application of either party or upon their own motion, appoint one or more disinterested and duly qualified physicians or surgeons to make any necessary medical examination of the employee and to report or testify with respect thereto. The physicians or surgeons shall be allowed travel expenses and a reasonable fee, to be paid by either or both parties or by the state, as directed by the board, any member thereof, or an administrative law judge.

(Ga. L. 1920, p. 167, § 62; Code 1933, § 114-713; Ga. L. 1975, p. 198, § 11; Ga. L. 1988, p. 1679, § 17.)

Cross references.

- Examination of employee upon request by employer, and effect of refusal of examination, § 34-9-202.

JUDICIAL DECISIONS

Discretion in appointing physician.

- This section invested discretion in the making or refusing of appointment of a physician to examine an employee. Ingram v. Liberty Mut. Ins. Co., 62 Ga. App. 789, 10 S.E.2d 99 (1940).

Disqualification.

- Disinterested physician would not be disqualified as a matter of law if the physician were the family physician of the employer, was hired and paid to treat certain persons at the instance of the carrier, and was also the family physician of the employee; it would not disqualify the physician, as a matter of law, if the physician occupied such position toward only one or two of the interested parties, but if the physician were regularly retained by any one of the three the physician would be disqualified. Wiley v. Bituminous Cas. Co., 76 Ga. App. 862, 47 S.E.2d 652 (1948).

Physician appointed under this section was not disqualified to serve in this capacity merely because on some occasions the physician examined and treated patients at the instance of the employer's insurance carrier, when the physician was paid for such services as they were rendered, and was not regularly retained by such carrier. Wiley v. Bituminous Cas. Co., 76 Ga. App. 862, 47 S.E.2d 652 (1948).

Opportunity to cross-examine physician.

- When, on the hearing of a claim for compensation, it was ordered on motion of counsel for claimant that claimant be examined by a physician who was not present, but when counsel for employer and insurance carrier did not waive the right to subject such physician to cross-examination, exception to award in claimant's favor, on grounds that such physician's report was considered in making such award and that counsel for employer and insurance carrier had no opportunity to subject the physician to cross-examination, was meritorious. Caldwell v. American Mut. Liab. Ins. Co., 45 Ga. App. 82, 163 S.E. 247 (1932).

Cited in Roberson v. Lumbermen's Mut. Cas. Co., 92 Ga. App. 572, 89 S.E.2d 270 (1955).

RESEARCH REFERENCES

C.J.S.

- 100 C.J.S., Workmen's Compensation, § 993 et seq.

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